1. - The appellant has been convicted of causing death of his wife Mst. Kali in the night between 30th March and 31st March, 1996 with the aid of tamy (steel rod). A F.I.R. was orally lodged by one Shyam Lal on 31.3.1996 at about 10.00 A.M. at the Police Station Phooliakallan on 31.3.1996 stating that while he was going on his duty to Agoocha Mines Hemraj S/o Ram Narayan who is the brother of the appellant informed him that the appellant has killed his wife Mst. Kali at about 11.00 P.M. by hitting over her head with a rod and requesting him to make a report to the police. To support this case the prosecution had relied on the only alleged eye witness Chaina recovery of weapon of offence at the instance of accused from the house of the accused and circumstantial evidence of last seen together.

2. The post mortem revealed that the dead body had one injury over the forehead and that the cause of death of Mst. Kali was the said injury on the head. The prosecution came up with a case that in the previous night, Mst. Kali, accused Babu Lal and their daughter Chaina who was than a 10 years old child, had slept after having their meals. In the late night, Chaina was awakened on hea